Kudirat Abiola’s son kicks as Appeal Court frees Al-Mustapha, Sofolahan …14 years after

Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to the late General Sanni Abacha, was discharged and acquitted yesterday over the June 1996 murder of Alhaja Kudirat Abiola by the Appeal Court sitting in Lagos

Also freed with him was his co-accused, Alhaji Lateef Sofolahan.

Both of them were released from Kirikiri Maximum Prisons immediately after the judgment and they were driven away in an SUV.

Their discharge, a year and seven months after they were sentenced to death by a Lagos High Court, was predicated on what the Appeal Court called lack of circumstantial evidence linking the duo with anyone for conspiracy to kill the wife of the late Chief M.K.O.Abiola.

Reactions to their freedom were mixed with Kudiratu’s son,Abdul,calling the judgment “a stab in my heart,” while the founder of the Oodua Peoples Congress (OPC),Dr.Fredrick Fasehun, and former Police Commissioner in Lagos,Alhaji Abubakar Tsav,described it as justice at long last.

In reversing the High Court judgment,the Appeal Court, in a unanimous decision, dismissed the earlier verdict a dismay.

Justice Rita Pemu, who read the lead judgment, held that there was no direct circumstantial evidence that Al-Mustapha conspired to murder Kudirat Abiola.

The prosecution ,she said , failed to establish the charge of conspiracy and murder against the appellants, and described the 326-page judgment of the lower court as a dismay.

Pemu held that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants when it was very evident that the prosecution had a bad case.

She spoke of a huge shadow of doubt in the case of the prosecution which ought to be resolved in favour of the appellants, adding that the prosecution also failed to call witnesses to give evidence in the case based on investigation, but relied on evidence from contradictory and unsubstantiated statements of the star witnesses which were unreliable.

Pemu said: “In a criminal trial, the burden of proof is beyond reasonable doubt and this is a chain that cannot be broken.

“The prosecution listed four witnesses PW 9, 10, 11 and 12 as witnesses which it intended to call in the trial to give evidence based on investigation, but never called any of them.

“PW1 (Dr Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased was white and of a special kind, but the prosecution failed to tender the bullet as exhibit and this was fatal to their case.

“The prosecution also called PW4 (Investigating Police officer) who investigated the death of the deceased, but after 12 months of examination in chief, this witness disappeared into the thin air and was never produced for cross-examination by the defence, as he never showed up in court. This rendered the evidence of the police officer inconclusive as it denied the defendants their right to fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.

“PW2 (Sgt. Rogers) and PW3( Mohammedd Abdul), in their confessional statements to the police, said they were enjoined by the first appellant to murder Kudirat, but this statement was later retracted by them in court.

“They told the court that they were cajoled by the prosecution to indict the appellants, with a promise to give them material compensation (money, houses). This is a contradiction in the testimonies of the witnesses.It raises doubt in the case of the prosecution, and it is unimaginable that the lower court did not expunge this evidence.

“For an offence like murder, I wonder why the Nigerian police did not do a proper investigation.

“Jabila, who was initially arrested as a co-accused, was later called prosecution witness, witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.

“The prosecution’s case has gapy loopholes; there are more questions than answers.

“Once there is doubt in the case of the prosecution, as in the instant case, it must be resolved in favour of the accused, and this doubt is accordingly resolved in favour of the appellants.

“One thing is clear, Kudirat was shot, but the big question is who pulled the trigger? Certainly not the appellants. This court is not interested in the politics of the matter nor in sentiment.

“There was no need for the trail judge to consider the politics of any party, she should have observed that the evidence was wishy-washy. She allowed herself to be caught up in the web of the conflict while the police allowed itself to be caught up in the web of injustice.

“It is my view that the lower court left the matter to chase shadows. I find nothing in this case which sufficiently links the appellants with the commission of the offence. It is preposterous that in a 326-page judgment, the lower court was only concerned with securing a conviction at all cost.

“Just as God is no respecter of person, so also is this court. I hereby order that the appellants be discharged and acquitted, while the conviction and sentence of the lower court is hereby set aside. The appeal is hereby allowed.

“It is unfortunate that he has been incarcerated since 1998 on a baseless indictment without evidence.

Justice Mojisola Dada of the Lagos High Court had,on January 30 2012, found them guilty of conspiring to commit the offence.

Al-Mustapha and Sofolahan approached the Appeal Court, contending that the death sentence handed down by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.

Al-Mustapha’s relations and friends shouted “Al-Akbar” as the court delievered its verdict.

Reacting to yesterday’s decision of the appeal court,son of the late Kudirat Abdul, said the judgement was like a stab in his heart.

“I missed my mum as much as a little boy. This judgment is like a stab in my heart,” he told the News Agency of Nigeria (NAN).

“As a grown-up, I am no longer bitter, but the problem is that this might continue to happen to other people.This is an injustice in our system and I pray that our leaders should do the right thing,” he said.

His words: “I have to be careful about my comments. The judges must have examined the arguments of both parties and looked into documents presented by the parties before passing their judgment. Judgments should not be based on sentiments. Though if you consider the terrible roles he played, you would want to fault the judgment. But judges don’t base their verdicts on sentiments.”

Founder of the OPC, Dr. Fredrick Faseun, said the judgment was in order and should be commended. Faseun, who had publicly campaigned for Al-Mustapha’s release, said the judgment is proof that “Nigeria is emerging from the forest of lies and falsehood. The attribute that has kept a Nigerian in captivity for 14 years without charges has been broken.”

Speaking in the same vein, former coach of the Golden Eaglets, Fanny Amu, said the ruling had rekindled his confidence in the country.

He said: “Hamza Al-Mustapha’s release has reconfirmed my confidence in Nigeria. I have never lost hope in law and justice in this country. With the judgment by the three wise women, I will rather call them the three wise men, it further confirms to all that law still exists in this country. It shows that we cannot just do anything and expect to go scot-free with it.”

Al-Mustapha’s elder brother, Bashiru Hamzat, said: “We have long seen the lapses and still do not know why the lower court entered that judgment. My brother has been incarcerated for 15 years, a lot of injustice has been done to him and our family, but we thank God some of us are alive today to witness this day.

“I just hope that the Nigerian nation will look into situations like this and remedy it to ensure it does not happen to another Nigerian.”

The National Coordinator of the Oodua People’s Congress, Otunba Gani Adams, condemned the Appeal Court ruling, describing it as a setback for democracy and justice in the country.

“ I fear that rulings like this one may go a long way in creating the wrong impression in the minds of the ruling class that they can get away with anything. We condemn the ruling in its entirety,” Otunba Adams said.

Alhaji Tsav was happy at the judgment saying: “Justice has taken its course. The man has suffered enough. The ruling is the right judgment that you should expect. The man who pulled the trigger is not standing trial, so what do you want to prove by prosecuting the wrong man.”

Mr. Yinka Odumakin, spokesman for the Save Nigeria Group (SNG), described the judgment as a big blow to criminal justice in Nigeria.

“After Al-Mustapha was duly convicted by a lower court, it is so painful that he has been acquitted,” Odumakin said.

The state Chairman of the Civil Liberties Organisation, Mr Ehi Omokhuale, also described the judgment as unfortunate, while the President of the Arewa Youth Consultative Forum, Alhaji Yerima Shettima, hailed it, saying it had renewed his hope and faith in Nigeria.

Those judges who delivered the latest judgement have been bribed.What evidence did they need when the testifiers initially indicted the accused.With this,I have lost hope in the judiciary.They are all corrupt elements.The northerners hailed the judgement while the southerners faulted the judgement.This has further justified the fact that ethnicity and religion are used to cause disaffection and division among the people

OLAJIDE

No evil deed shall go unpunished. Any evil done by man to man will be redressed. If not now, then certainly later. If not by man then by God for the victory of evil over good shall be temporary. Dele Giwa.

OLAJIDE

One life lost in cold blood is as gruesome as millions lost in polgrom. Dele Giwa.

Coco-Bassey Esu

Then who killed Kudirat ?if all these people hailing r doing this,then anybody can kill anybody and still go scot free and it is happening in d judgement of d appeal court after 15years. God save us am shock and surprise

OLAJIDE

Law, as an instrument is so strong to arrest the weak but too weak to detain the strong.

odogwuakataka

welcome to Senate in 2015 or ministry of Defense. soon we will here that you are the solution to our security challenges. Nigeria country of absurdities!

abubakar aliyu

The release of major Al-Mustapha by the court of appeal is a clear indication that rule of law in this country is on its course nd is a right step in the right direction. It shows that, the stem of democracy in Africa is on its shape.

npo

i dnt knw if its jus me that beliefs that this man killed kudirat… If it isnt him then the police should provide the killer stupid people they cant investigate anything not even one case …

Bola

I want to hear more from northen, no one wil comden jugement again, but if it is Anamesia state pardon, Acf wil want NLC to protest agaist it but now they wil not speak. Where is Antony Sani where is Shehu musa, Buhari, Beraraba musa,NEF, and Atiku Abubaka etc.No one wil speak again. What wil can hear now form the north for a man that kil so mary people is, ACF hail the jugement.Shettima, It has renew my hope for Nigeri, who is desiven who? I want every Nigerian today to know now that Nigeria are not one. And the north is the people that is dividing it so let us stop desiving ourself wit one Nigeria and cal it day. Simple.

The northern leaders lobby the court for the release of Al mustapha from prison,it because is a killer tools machine for the northern leaders,they want to use him against the oncoming presidential race 2015 to eliminate top politician, they will soon crown him with sensitive position in federal level for a job well done ,killer squad is out to eliminate any body who go against the northern leader for presidential ticket 2015,but you are not above God. if you are the one that kill kudirat you will to hell fire, go and enjoy your blood money, poor man go to prison, while rich politicians in Nigeria walk freely,

Ojo

@BOLA a typical bad egg translating anything based on sentiments. Nigeria will never move in the right direction if your type are walking the street. Shameless fellow who cannot hide his hatred for a section of the country despite a glaring facts, you have to give negative meaning to it. This robber Alams you are trying to justify his looting, between you and your God, was it a lie that he looted his state treasury ? are you so daft to compare the release of Almustapha and that thief Alams who got pardorned by the most corrupt president in nigerian history ?. Are you better than those judges ?. If Almustapha is a yoruba man will you be talking this nonsense presuming base on your name that you are yoruba fool. Even though you a fellow tribeman, I denounce your type because you lack objectivity and sencerity.

weco

@ojo,maybe you are more than the judges that sentence almustapha to death,the fact is that you will never hear any opposing view from any nothener on this judgement,
almustapha and shekau,welcome to senate 2015,
this should serve as an eye opener to amechi,your brother is your brother,this is a nothern proverb,azazi was not good today sambo is good,dokubo is a criminal why shakau is a freedom fighter,ibb whom was tested was far better than abiola who was not tested,today gej is bad but tomorrow abdulmutallab will be excellent.
a hiden agender? ifear!!!!

Lawal

It’ll amount to waste of time replying ppl lyk u.Nevertheless it is imperative to at least say something so dat u get what u want i.e public attention.If u lyk go and hug a transformer u can never change what has been destined.

Hyua pats

Wen you comits a crime and there are no enough evidence against you-wat can de law do? De guy(Al-Mustapher) was a profesioner ,he handled all his jobs profesionally

andy

Restraint and caution should be exercised in the manner we comment over the judgment of the court of appeal. Arguments for and against is likely to debased on the reports of the papers, which represents bare highlights devoid of details and reasonings of the court. The baseline being that it is better that nine guilty men are set free than one innocent man is sent to the hangman

Frank

The judgment now means anyone who arrange with killers can get away with murder since he didn’t pull the trigger and people can hail god is great on his behalf in this country. Besides such persons can now sue for damages. What a terrible place called naija.

TONO CAHMAI

It was justice well served Honestly i am happy for El- mustapha and family.

Ero

Buhari, Tinubu, Soyinka, Falana, Usa, Icc, north elders, Acf, Opc, Nlc, human right group, catholic church, Amaechi’s ngf, Acn/APC, All northerners, yorubas and anti gej nigerians who assasinate Alameiseighai pardon. Speak now that a northerner is favored. Appeal court gave acn govs from the court’s bar and so can never be criticized. But woe woe betides u if u ever rubbish the presidency again.

Davis

Who says GEJ is NOT smart should be bold enough to stand up and be counted. The acquittal of the Al-Mustapha to the short-sighted is aberration and irrational, but to the smart, illumined and informed minds this is a big political judgment that might turn the table against GEJ’s sworn enemies. Indeed it is nothing but 2015 political intrigue of which many will soon be rolled out. Arrant nonsense it seems to sound, but time will tell.

Prince of Akwa Ibom

He is freed or not isn’t the issue, what is required of every Nigerian is the courage to face life the way it is as far as this country is concerned. We must learn to accept corruption as a formal culture. There are billions of uncountable cases that one can cite as example; Rivers State crises personalty ochestrated by the presidency and PDP, pension fraud,fuel subsidy, INEC scams, large scale stealing of public funds by officials of government, EFCC and ICPC and a lot more. We need revolution and uprisings to be able to change the system or “here we shall remain till death do us part from our fatherland “.

DrP2

Abiola’s grave has been desecrated by this judgement…a cash and carry judgement

Anthony Iloegbunam

Why wont Al ustapha be free, even those that were more Evil than him are moving about ver5y freely than Air, they are even recognised in all our national institutions and given the highesty Honors of the land. Al Mustapha, ui are welcomed back into the society

DrP2

I am amazed at Tsavs reaction. When Abacha was in power it goes beyond circumstantial perception to imagine that a military personnel under Al Mustapha like Sgt Rogers will acquire a gun with ice block bullets, be audacious enough to shoot a probable first lady without orders from his direct boss. So Sgt Rogers is guilty but his boss is not……you have to delete all our memories to make such a story stick

OtamaJoe

Bola, its painfu jugment but its fair,.. Even if he is d 1 dat shot her, its must have been an oda from D abov which is tenable in military…He is innocent.. Unda military, d shuta shud not be blame but D person dat gives d oda….

Johnson

I strongly believe that this is the hand work of president jonathan in order to pacify the northerner because of 2015,but the judgement has dealt a heavy blow on criminal justice in Nigeria.

Ebuka Amaechi

Well the apex court have spoken and that puts to finality the protracted the murder case of late Alhaji Mrs Kudiriat Abiola preferred against Major? Hamza Mustapha & Alhaji Shofolahan,the ex-PA to late Alhaja Kudirat Abiola.The reactions from the family, Nigerian public,fo or against the apex Court pronouncement were all in order.However,I wish to submitt that the prosecution commited big blunder when it suddenly turned Sgt Rogers the prime accused,to State prosecution withness against his former boss,Hamza Mustapha on corruptly inducem -ent of cash & houses? Consequent, upon Hamza Mustapha and Alhaji Shofolahan discharge & accquital after I4 yrs. Is Major Hamza still an Army officer? Are the duo going to be compensa -tions for the I4 years they were detained in the Nigerian prison Yard?Because of the popular maxim that Justice delayed amounts to Justice denied.This is my humble submission without prejudice to other contrary opinions’ from fellow commentators.

Okpukpu

The judgement just showed me that GEJ must be trusted, no interference from the executive to the judiciary not as it used to be, this is what every good president must achieve to move his country forward, I believe in one Nigeria, I believe equal justice, it is a pity that some pple out of selfish interest are indirectly deviding this country but thank for the kind of president we have now..am just a trader no politics

There is no trust in the Nigeria judiciary as justice is for the rich.Ibori would have been discharged and acquited if he was tried in Nigeria. Nonsence jugement, am not suprise.

we nogo die

Bola, it seems you are an illiterate. How can you compare the judgment of an appeal court to the whims and caprices of a corrupt and clueless president?
There is even a choice which is to approach the Supreme court. In your ‘Anamasia’s case, was there anywhere Nigerians could appeal against GEJ other than to make noise. Was it only northerners that complained. Is USA northerners? Nonsense!
Thank God, the Judges are not northerners! That could have been another sour taste.

Bola Allahahu akbar what ever name u call nigeria justice have take place.

Reality

With what the judge said here, if we can no see one criticise it that those evidence is not contraditory and intangible,the two guys need to be free. It possible Al mustapha and co is the one who kill alhaja kudirat abiola, but there is no tangible evidence.
This is reason why they LAW IS BLIND, it can suffer innocent when there is proof tangible evidence, and it can free criminals when there is no evidence.
Sentence some with contradictory evidence is not too ok. Plz let us leave sentimental support

OLAJIDE

It seems Dr. Fredrick Fasheun has completely gone senile! His metamorphosis from a Yoruba freedom fighter to a Yoruba quisling is troubling and appaling. The other day he said he wanted to revive Pa Awo’s UPN to wittle down the influence of CAN and Tinubu in the West. Now he hails the exculpation of the serial murderers. It seems to him the blood of the sons and daughters of O’dua is less precious than that of Hausa/ Fulani/ kanuri, and therefore worth sacrificing for the sake of the dubious and ever elusive unity of a country that is never. No member of the House of Dan Fodiyo will take a position on an emotional issue as the murder of Kudi’s as Fasheun has taken. They are good at protecting their own while we unconscionably betray our own. Fasheun, your position is ignoble!

Peter negedu

Here in this case, justice delayed was no longer justice denied. Al-mustapha get over the whole issue & leave vengeance to God. All your antagonists, detractors & enemies should bury their heads in shame & utter disappointment.

obafemi olusegun akeremale

Its not what he did wrong or what he did right . The main issue is what the law can prove and fortunate for the major, the prosecutor couldn’t prove he commited the crime and as such the law must set him free

I
I hail the judgement of the Appeal Court, those condemning it are ignorant of the Law .Matters of this nature are decided based on facts and not tribal sentiments as expressed by olajide and co.

Lamolmela

Indeed, this is a daniel’s judgement; a Daniel has come.

TISH

The prosecution did a very poor job. Please read the judgement closely and you will realize how much the prosecution messed up. Welcome to the rule of law in nigeria. May the soul of the deceased rest in peace.

Nigeria is dead, we are not interested in what is going on in Nigeria, thank God for his word, Appeal Court listen, if actually the man called Mustapha killed Kudirat, he will never go unpunished, for it is written that who ever that shaded man’s blood, for his own Blood will man shade. If Mustapha like let him run inside a river and hide, and if his hands is in the dead of Kudirat, for his own blood will man shade, Praise the Lord.

Well, i don’t comment for this kind of judgement. But i can only say qudus to South West, Tinubu, Lia Muhammed n Bisi Akonde for fully endosed the Region to Northern Region. Tx.

ASOKOGI

The phrase: ‘ONE NIGERIAN’ is ironically itself (to the best of my believe).
It is popularly said that the house divided against itself can not stand. If NPF can not be rely upon for due investigation especially in the case of murder like this, then the idea of abolishing death sentence should not be bury, let it be implemented for Nigeria is becoming a lawless society where justice is not only delay but havoc. Tufiakpa.
(not on earth again Kudirat, wait for Allah’s verdict)
I need the bulletin that contains the amount per each case in Nigeria judiciary system.

Remi

People,lets read the judgement before we condemned it.

Remi

What i’ve found is that we are not objective as a people.We usually got carried away by our sentiments.Many commentators here keep blaming the judges,whereas i feel we should direct those blames towards the police for doing a shoddy job.We seem to have forgotten that sergeant rogers admitted to pulling the trigger and killing the deceased,the question is,why is he not being prosecuted?The judges can only rule based on the evidence presented before them,so i think they have no blame in this.We should not forget that things can be so cloudy atimes so lets desist from passing hasty judgements.

middle belt

as u can see, they said one of the witness disappeared. that is moneys disappeared power. the question is that were did he disappeared too? when and were did he disappeared? on which cover of the daily that publish his disappearance or missing? I need answer

Even it took 14yrs to find out the truth,but it later came to pass.congrats Elmustapha,you are likely to be the next governor of your State,Nigeria we hail thee

Odoma Emmanuel D

the release of al-mustapha is an indication for true federalism. We nw have hope in the judiciary.

Felix Ojo

Remember one justice ikpeme who interfared ignobly in the course of justice some years back? The same fate that befell her shall befall all that are connected, directly and indirectly, with the pervertion of justice in the killing of Kudirat Aboila. Just wait and see!

dk1

all of you calling yourselfs nigerian are crazy… I called you crazy because everything about you is abnormal… This is a lawless country, how much are you expecting from the police to carry out proper investigation when all member of this said police force are corrupt… From those that sit in the office to those on the highway…Police is as useless and the judiciary itself… If mustafa didnt kill kudirat, then who did? Sgt Roger confessed for killing abiola, where is he hidding now? In d prison or in some south american countries enjoying himself…. This is a failed country with failed people, that made up of the govt, the judiciary, the police, the killers, the so called u that are commenting on this issue…cos as for me i dont expect anything to be done right in this failed nation….

Fello nigerian i read it that al-mustapha had been release,well one thing i know is that only God knows all what is hidding,i don’t expect anyone to trouble themself on this matter by the time the almighty God start to punish everyone of them you will all see,those that killed Abiola,bola ige,funsho williams n also kudirat abiola could not be fished out which means nigeria is in total darkness of injustice.you Justice always have it in mind all what you God knows and one day He will also be the one to judge you after everytn ends here on earth. .once again if everytn is hidding to us it is very very clear b4 God.

desouza

Let not judge anyone with setiment, we are all human. This opens another page in the Nigeria history. It also a lesson to everyone, Human power is as frail as cobweb, we all give account of whatever we do before God one day. lets leave the judgement to God.

nonso

”one Nigeria”

Jibril

To all those blaming, northerners. The last time i checked the judges, the presidents and who ever u thnk are on top of thise case are not northerners, and judgement was not even held in d north.
Pardon me 4 asking, or is it because Mustapher is from north, he must be guilty?
Think b4 u talk suckers!!

Usmannabeel

Thanks to almighty Allah, but Almustapha, should have sue the Nigerian police for detaining him up to 14years without any evidence… They release him because they know the truth will bust out as his daughter just finish her studies(i.e law).